A disputed notice to complete and repudiation

Tennero Ltd v Majorarch Ltd Chancery Division, 7 November 2003 A dispute that had arisen over whether proper notice to complete contracts for the grant of leases of some flats had been given was before Mr Justice Neuberger in Tennero Ltd v Majorarch Ltd (Chancery Division, 7 November 2003). He found that it had not, but, on further analysis, found that the intended lessor had not repudiated the contracts. Nevertheless, he exercised his discretion to order repayment of some of the deposits paid.

The contracts

The defendant constructed a block of flats on land belonging to a third party, with which it had a contract for transfer of the land. It contracted to grant leases of several of the flats to the claimant by a number of contracts. Under these, completion should take place 10 working days after written notification of the date of the transfer between the developer and the landowner. Either party could rescind the contract by notice in writing if that transfer had not been completed by 31 July 2001.